Jury Acquits Lawyer of Conspiracy to Defraud Uncle Sam

JURY SAYS NO TO FEDERAL PROSECUTORS Clark County Lawyer Helped Clients Establish Charitable Trusts, Common Trusts, and Business TrustsIRSs Expert Testifies Nothing Wrong With His Lawyering PEORIADrafting trusts to help clients protect their property and advising them how to enjoy their constitutionally protected rights are good lawyeringand lawyering is what lawyers do. Thus did an Illinois federal trial jury agree after a month-long trial, acquitting attorney Brent Allan Winters of conspiracy (with his clients) to defraud the United States. Documents in Winterss case file put Winterss prosecutors in a less-than-favorable light. Chief Judge Michael P. McCuskey, the first judge on Winterss case, initiated Winterss indictment and prosecution, and then assigned himself to preside over Winterss trial. But his role in Winterss prosecution came to light and he bailed off the case, while admitting his bias. But instead of dismissing the case or assigning another judge by lotas federal law requireshe, being chief judge, appointed Judge Michael Mihm to preside over Winterss prosecution. After the Jury acquitted Winters of the conspiracy charge (carrying a possible five-year sentence), Judge Mihm criticized the Jury, saying he did not know what was the matter with the jurors that they didnt convict Winters. But more unusual was how Judge McCuskeys bias against Winters came to light. The affidavit of federal prosecutrix Hillary Frooman suggests that she feared Winters knew she was concealing how Judge McCuskey had secretly pushed and pestered the U.S. Attorney for Winterss indictment. It appears that Frooman, by filing her information notice with the court exposing details and dates of Judge McCuskeys prosecutorial role, tried to deflect blame from herself for failing to disclose McCuskeys judicial bias against Winters. Winterss having run for Congress gave his prosecution a high-visibility that would get the widespread effect federal prosecutors want. Winters ran in a sprawling congressional district, covering 27 counties with notoriety reaching furtherits largest media outlets were in bordering western Indiana and Kentucky, and nearby southwestern Missouri. Winterss lawyer Kent Heller presented little evidence, using instead cross-examination of the governments witnesses to bring Winterss message to the Jury: A lawyers advising clients how to enjoy their rights and protect their property is not a crime but a duty.